DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe on 01/15/2021. Applicant has filed a certified copy of the foreign priority application as required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: A CONTROLLER FOR CONFIGURING A LIGHTING SYSTEM BASED ON AN ICON AND A METHOD THEREOF
Claim Objections
Claim 8 is objected to because of the following informality: Claim 8, line 1, "method claim 7" should be rewritten as "method of claim 7." Appropriate corrections are required.
Claim Interpretations - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "user input element for controlling a lighting unit of a lighting system" (claim 15).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections – 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a computer program product claim, but appears to be comprised of software alone without claiming associated computer hardware required for execution. That is, the term, "computer program product" can be interpreted as software, and the specification does not appear to require the claim term, "computer program product" to include non-transitory elements. Thus claim 1 is directed to non-statutory subject matter. See MPEP § 2106.01.
Claim Rejections – 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 5-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 2019/0215460).
Chen was submitted in an IDS dated 07/14/2023.
Regarding claim 1, Chen teaches a method of configuring a lighting system, the lighting system comprising a lighting control device and a memory, the lighting control device comprising a user input element, wherein the user input element comprises an icon indicative of a control function of the lighting system (Figs. 1-4, [0018-0026], Chen describes a system with light devices, user interfaces, a computing device and an image capture device e.g., see figures; [0026-0027], the computing device can include a memory; there is a lighting control device/subsystem that includes a user interface e.g., user interface 340 in Fig. 3; the user interface can include, for example, a substrate and a symbol/icon applied to it; [0029-0031, 0038-0040], each symbol is associated with a function e.g., a lighting control function; in one embodiment, a user might gesture over a symbol/user interface to select to an activate the function) the method comprising:
obtaining an image comprising the lighting control device ([0025], an image capture device e.g., any suitable, distinct device capable of capturing digital images, can be used to capture an image of the user interface),
analyzing the image ([0026], the computing device analyzes the images from the image capture device),
identifying the user input element in the image ([0029-0031, Fig. 6, [0036-0044], the system identifies a symbol/user interface as being a known symbol/user interface pertaining to a particular function; [0019], for example, the system identifies the symbol/user interface as having a particular orientation, which affects the function of the user interface e.g., the symbol/UI may be oriented towards an area to illuminate or other reference point)
identifying the icon that has been applied to the user input element ([0029-0031], the computing device processes the images to detect the symbols, or to determine if a symbol has changed; the system determines whether the detected symbol matches a known symbol; a memory/database can store information on the known symbols; Fig. 6, [0036-0044], the system can then perform a function associated with the symbol e.g., adjust the intensity of a light from a lighting device; turn on and off a light; change a direction of a light towards a particular area; change a temperature/color of a light etc.),
determining the control function of the identified icon,
configuring the lighting system by associating the control function with the user input element and storing an association between the control function and the user input element in the memory, such that when the user input element is activated by a user, one or more lighting units of the lighting system are controlled in accordance with the control function ([0029-0031], the computing device processes the images to detect the symbols, or to determine if a symbol has changed; the system determines whether the detected symbol matches a known symbol; a memory/database can store information on the known symbols; Fig. 6, [0036-0044], the system can then perform a function associated with the symbol e.g., adjust the intensity of a light from a lighting device; turn on and off a light; change a direction of a light towards a particular area; change a temperature/color of a light etc.)
Regarding claim 2, Chen teaches the invention as claimed in claim 1. Chen also teaches
wherein the control function of the identified icon is related to an area of the lighting system, and wherein the lighting system is configured by associating the area with the user input element, such that when the user input element is activated by a user, one or more lighting units located in the area are controlled ([0023, 0036-0044], when the system identifies a symbol or detects that a symbol has changed, light may be projected toward an associated area; for example, the direction of light might be aimed at a particular area; position of light may be customized; in another example, light for a particular area e.g., near where the symbol is positioned, may be provided).
Regarding claim 3, Chen teaches the invention as claimed in claim 1. Chen also teaches
wherein the control function of the identified icon is related to a light setting, and wherein the lighting system is configured by associating the light setting with the user input element, such that when the user input element is activated by a user, one or more lighting units of the lighting system are controlled according to the light setting ([0036], the UI symbol may cause particular lighting settings to be implemented e.g., beam direction, different modes e.g., for reading and television, a particular intensity or temperature; [0022], control of the light can include various settings e.g., on/off, intensity, color, color temperature etc.).
Regarding claim 5, Chen teaches the invention as claimed in claim 1. Chen also teaches
wherein the control function of the icon is related to a type of lighting unit, and wherein the lighting system is configured by associating the type of lighting unit with the user input element, such that when the user input element is activated by a user, one or more lighting units of the type are controlled (Chen naturally associates a function with a type of lighting unit e.g., one that is capable of controlling color or other lighting settings e.g., see [0022,00 41]; for example, the symbol can be used to control a type of light to direct light in a specific direction e.g., see [0023]; as noted in [0043, 0044], the lighting device may be controlled in response to a user performing a gesture selecting a symbol; [0042], the symbol can be used to control a type of lighting device that is capable of steadily increasing a parameter like intensity.
Regarding claim 6, Chen teaches the invention as claimed in claim 1. Chen also teaches wherein the icon has been applied to the user input element by a user ([0019], a symbol can be applied or printed onto a substrate).
Regarding claim 7, Chen teaches the invention as claimed in claim 1. Chen also teaches wherein the lighting control device comprises a second user input element comprising a second icon indicative of a second control function, wherein the method comprises:
identifying the second user input element in the image,
identifying the second icon that has been applied to the second user input element,
determining the second control function of the identified second icon,
configuring the lighting system by associating the second control function with the second user input element, such that when the second user input element is activated by a user, one or more lighting units of the lighting system are controlled in accordance with the second control function (Figs. 7, 5 [0043, 0044, 0048], there may be multiple selectable symbols, and a user may gesture to select any of the symbols, thereby performing a lighting control function at a lighting device; for example, there may be two arrow head symbols, and a user can gesture over one or the other to cause a light intensity for a lighting device to increase or decrease; see also [0036]).
Regarding claim 8, Chen teaches the invention as claimed in claim 7. Chen also teaches wherein the steps of identifying the user input element and the second user input element comprises:
determining an orientation of the lighting control device, and
identifying the user input elements in the image based on the orientation of the lighting control device ([0019, 0036], a symbol can have distinct control functions depending on the particular orientation of an object that includes the symbol; for example, a symbol may contain directional information i.e., may be an arrow oriented or pointed in such a way as to indicate a light source to be controlled).
Regarding claim 9, Chen teaches the invention as claimed in claim 1. Chen also teaches wherein the user input element comprises a plurality of icons, each indicative of a respective control function, and wherein the lighting system is configured by associating the plurality of control functions with the user input element, such that when the user input element is activated by a user, one or more lighting units of the lighting system are controlled in accordance with the plurality of control functions (Fig. 5, [0038, 0043-0044], in some embodiments, a UI can include multiple symbols; each symbol is associated with a function; a user activates the UI by selecting symbols (e.g., by gesturing over one), then a light system is controlled accordingly).
Regarding claim 10, Chen teaches the invention as claimed in claim 1. Chen also teaches wherein the step of determining the control function of the identified icon comprises:
accessing a memory, the memory storing associations between icons and control functions, and
comparing the identified icon with the stored icons, and
selecting, based on the comparison, for the identified icon a respective control function (Fig. 6, [0031] describes a memory and database that stores symbols and controls functions associated respectively with the symbols; when the system recognizes a symbol, the system analyzes the database i.e., compares against the stored symbols, to determine the associated function).
Regarding claim 11, Chen teaches the invention as claimed in claim 1. Chen also teaches wherein the method further comprises:
obtaining a second image captured by the camera, the second image capturing the
lighting control device,
analyzing the second image,
identifying the user input element in the second image,
identifying a new icon on the user input element,
determining that the new icon has replaced the icon that was previously located on the user input element,
determining a new control function of the identified new icon, and
configuring the lighting system by associating the new control function with the user input element, such that when the user input element is activated by a user, one or more lighting units of the lighting system are controlled in accordance with the new control function ([0041, 0030-0031, 0026], the system can capture images of symbols; at a certain point, the system can capture an image of a symbol and determines whether a change/replacement has occurred in one of the symbols; if the symbol is new and/or an old symbol has been changed, then an associated control function is determined for the new symbol and the function is performed).
Regarding claim 12, Chen teaches the invention as claimed in claim 1. Chen also teaches a computer program product for a computing device, the computer program product comprising computer program code to perform the method of claim 1 when the computer program product is run on a processing unit of the computing device (Fig. 1, [0018, 0026, 0027] describes a processor and memory with programs/modules).
Regarding claim 13, the claim corresponds to claim 1 and is rejected for the same reasons. Chen also teaches a controller for configuring a lighting system (Fig. 1, [0018, 0026, 0027] describes a processor and memory with programs/modules).
Regarding claim 14, Chen teaches the invention as claimed in claim 13. Chen also teaches
a plurality of icons attachable to the user input element by a user, wherein the icons are indicative of respective control functions of the lighting system ([0019], symbols can be printed or applied to a substrate; each symbol can be associated with a control function), and
one or more lighting units ([0036], one or more light sources may be controlled).
Regarding claim 15, the claim corresponds to claim 14 and is rejected for the same reasons. Chen also teaches
a kit of parts (Fig. 1, [0018] describes a set of tools/mechanisms for controlling lighting devices i.e., the system illustrated in Fig. 1);
a computer program product for a computing device, the computer program product comprising computer program code to perform, when the computer program product is run on a processing unit of the computing device ((Fig. 1, [0018, 0026, 0027] describes a processor and memory with programs/modules).
Claim Rejections – 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 4 is rejected under 35 U.S.C. 103 as unpatentable over Chen in view of Weiss (US 2020/0125036).
Regarding claim 4, Chen teaches the invention as claimed in claim 3. However, Chen does not expressly disclose wherein a color of the icon is indicative of a color of the light setting.
In the same field of endeavor, Weiss teaches wherein a color of the icon is indicative of a color of the light setting (Fig. 7a, 7b, [101-105], it is known for a GUI to provide icons of various colors, which can be associated with controlling a device to generate light of those colors).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein a color of the icon is indicative of a color of the light setting as suggested in Weiss into Chen because Chen and Weiss pertain to analogous fields of technology. Both Chen and Weiss relate to systems which use symbols/icons and associates them with the control of a lighting device. In Weiss, the color of the symbol/icon indicates the color of the corresponding light that is generated. It would be desirable to incorporate this feature into Chen, so that the same useful and intuitive color correlation could be utilized in the context of the Chen invention e.g., see Weiss Fig. 7a, 7b, [101-105].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tyler (US 2023/0079981) teaches a user interface in which a widget is replaced with another widget, thereby altering the corresponding function e.g., see Tyler Fig. 5C22, [0301].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YOON whose telephone number is (408)918-7581. The examiner can normally be reached on 9 am to 5 pm ET Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman, can be reached at telephone number 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J YOON/Primary Examiner, Art Unit 2118